Volume of records relating to the early history of Boston : containing minutes of the Selectmen's meetings, from September 1, 1818, to April 24, 1822, Part 11

Author: Boston (Mass.). Registry Dept
Publication date: 1909
Publisher: Boston : City of Boston Printing Dept.
Number of Pages: 312


USA > Massachusetts > Suffolk County > Boston > Volume of records relating to the early history of Boston : containing minutes of the Selectmen's meetings, from September 1, 1818, to April 24, 1822 > Part 11


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The committee of section No 1 made the following report. Boston 5th October, 1819.


The committee appointed by the Board of Selectmen to examine an alleged encroachment on a public street by Nickerson have attended to that duty [and] respectfully report [205.] That the estate now held by said Nickerson was pur- chased by him from Payson & Holbrook & by them of Jonas Welsh & the deed dated 15th Novr., 1796, bounded on Prince street seventeen feet, on the S. W. end by a passage way lead- ing to the North Mills 27 feet & on a level line running easterly 5 feet, thence running easterly on a public passage way till it returned to Prince street; - said committee further report that the line on Prince street is about twenty one feet from the estate owned by Thomas Badger to the fence in front of said Nicker- son's house & on the S. W. line including the bevil there is an encroachment of one foot or thereabouts; Your committee are of opinion that said Nickerson has encroached & holds posses- sion of part of the town's highway bounding on said Nickersons premises; & would therefore recommend that Mr. Taylor be employed to measure said estate & report the same to the board


All which is respectfully submitted


(Sign'd) En: Silsby, committee,


The Committee to whom was referred the application of Mr. Luther to erect a bakers oven in Union street, informed they were ready to report on that subject, but as Mr. Luther was desirous the situation should be [206.] examined again the committee requested further time and also that there should be an addition to the committee, whereupon it was voted that the gentlemen present attend to morrow at 10 A. M. and view the premises .-


The proposal . of William Lovering Jr. for furnishing the quantity of winter pressed sperm oil for the town lamps was accepted.


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The committee of section No 2 were authorized to have the necessary repairs made to that part of Charles street which joins Cambridge Bridge.


The Treasurer of the Franklin Fund having informed the Chairman that his accounts were ready for inspection of the Trustees, Messrs. Bass, & Silsby were appointed, a committee for that purpose on the part of the Board.


Mr. Lovering was requested to superintend the inspection of the military stores of the town with the brigade major.


The Application of Mr. Brooks that the town would complete a part of the street leading from Broadway to the shipyard to enable him to occupy a lot he had purchased, was referred to Messrs. Lovering & Bass.


The application of John Cassell to remove his auction office from No. 3 Boylston square to store No. 92-3-4 Fish street was granted.


The application of William Hartwell to be [207.] licensed as an auctioneer in Exchange street was granted.


A certificate was signed in favor of Mary Proctor a deaf & dumb daughter of John Proctor, additional certificates were also signed in favor of Emeline Fisher, Sally Jackson and Thomas Williston all deaf and dumb persons.


Boston ss. At a Meeting of the Selectmen October 13th. 1819 - Present Messrs. Phillips, Oliver, Lovering, Austin, Bass & Dorr,-


The Chairman informed that Mr. Haynes had selected Messrs. Isaac Winslow, Joshua Davis & Samuel Fales, as refer- rees from the list made by the Board .- The Chairman was requested to notify those gentlemen, and Mr. Dorr requested to meet with the referrees .-


The Chairman also informed that he, with Messrs. Lovering, Austin & Dorr agreeable to appointment met Mr. Luther and his attorney Mr. Barrell, that the committee viewed the premises and were unanimously of opinion that the public safety would be endangered by the erection of a bakers oven at the place applied for, and that his request [208.] ought not to be granted; That Mr. Luther was informed by the commit- tee of the report they should make: - since which Mr. Luther by his attorney had left the plan of an oven for the inspection of the Board, with a request that the Board would not decide


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on the subject until the plan had been inspected by Mr. Hune- well .- The Board to gratify Mr. Luther postponed their decision until the next meeting.


The application of Thomas Perkins Esq. that the Board would have that part of Belknap street between Olive & Beacon street lowered whereby the ascent would be lessened; - was referred to Messrs Hunewell & Lovering, to have such part taken off as they may think necessary, they were also authorized to employ Mr. Sprague to superintend the work .-


Application having been made by Horatio H. Shaw to the Judge of Probate for the County of Suffolk, stating that Sally Hall of Boston, widow is non compos mentis, and incapable of taking care of herself - The Board conformable to the direc- tion of the Hon. Judge of Probate took inquisition thereof and were of opinion that the said Sally Hall was incapable of taking care of herself; - & return was signed to the Hon. Judge of Probate requesting that a guardian may be appointed for her .-


[209.] The Chairman having informed that the leases of the stalls at the west end of Faneuil Hall will expire on the 31 inst .- The Board authorized him to direct the clerk of the market to lease them at the same rate for the year ensuing .-


The committee for the Latin schoolhouse were authorized to make such alterations in the lower room of that house as may be necessary for the accommodation of the scholars .-


Boston ss: At a Meeting of the Selectmen on Wednesday Octobr. 20. 1819, Present Messrs Phillips, Oliver, Lovering, Austin, and Dorr.


Joseph Pastor a minor 16 years of age, having no parents or guardian, was with his consent and by his desire apprenticed to Ezra Vinton of Charlestown, cooper until he arrives at the age of 21 years.


The Chairman reported instructions to Mr. C. Hayward as commander of the town watch which on being read were approv'd by the Board.


The Chairman (as one of the committee of the market) informed that the number [210.] of waggons from the country with cheese had so increased as to render their standing in Dock Square inconvenient, and proposed they should be removed to the square lying between Union street and the stalls north west of the market. The Board after considering


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CITY DOCUMENT NO. 61.


the subject voted that the Chairman be instructed to direct the Clerk of the Market to have all those waggons or carts from the country with cheese or the principal part of their loading consisting of cheese placed in the most convenient part of the square lying between Union street and the north west of the market.


Captain Winslow Lewis having requested that a committee might be appointed to ascertain the bounds of the land granted by the town for the rope walks. The Board appointed Messrs. Hunnewell & Lovering a committee for this purpose.


The application of Mr. Davis cabinet maker to lease a lot of the Mill pond land was referred to the Chairman with power to lease the same.


Mr. Samuel G. Williams was appointed an auctioneer to sell at large but debarred [211.] having any office or place of business in those streets or lanes from which others have been restrained.


The committee on accounts were authorized to allow John Redman's bill for paving the side walk in front of Mrs. Hath- aways house in West street, she being unable to pay for the same.


Boston ss: At a Meeting of the Selectmen, Wednesday October 27. 1819 Present Messrs. Phillips, Lovering, Austin, Bass, Dorr, Silsby & Shaw.


The Chairman informed that he had this day seen Mr. Hune- well, who informed him, he had viewed the place where Mr. Luther had applied for permission to erect a bakers oven & that he (the Chairman) had also shown him the plan of the oven - The Board being fully satisfied that the place was unsuitable for the business proposed.


Voted, that the report of the committee of the 13th inst. be accepted.


Mr. Lovering of the committee appointed [212.] the 20th inst. on the application of Capt. Winslow Lewis - Reported that Capt. Lewis was satisfied the former rope walk stood on the proper bounds and that he had directed the new one to be placed conformable thereto.


The committee appointed to examine the annual account of the Treasurer of the Franklin fund -reported that they had examined the same by the bonds & endorsements and found it correct & that the sum of three hundred and ninety


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five & 79 dollars is the balance of cash in his hands which account and the statement of instalments due and unpaid is in the bundle of mixed papers.


The report of the referrees to whom was referred the demand of Amos Binney or Edward Haynes, was opened (Mr. Haynes being present) and the award accepted by the Board, Mr. Haynes observed he was satisfied with the award as far as it went, but that there were damages sustained by him that the referrees did not take into consideration, on which subject he requested to address the Board in writing, his request was granted.


The application (in person) of Mr. Josiah Knapp that the watch house in Orange street, which [213. ] he stated, stood partly on his land, and had for some time past and now is a great nuisance to him, might be remov'd; was referred to Messrs. Oliver, Hunewell & Austin .-


The Application of Silas Field to be licensed as an auctioneer in Exchange street, of Thomas Boardman to be licensed as an auctioneer No. 102 Fish street & Timothy Hathaway to be licensed as an auctioneer in Newbury street were severally granted .-


Boston ss. At a Meeting of the Selectmen November 3d 1819 - Present Messrs. Phillips, Oliver, Lovering, Austin, Bass, Dorr & Shaw.


Passed the monthly accounts .-


A communication from Edward Haynes stating the damage he had sustained in consequence of a part of his land being taken to widen Elm & Brattle streets, being read; The Chair- man informed the Board he had written Mr. Bulfinch, request- ing such information on this subject as he may be able to give .- The Board directed the communication should remain on file until a reply was received from Mr. Bulfinch .-


[214.] The application of Capt. Winslow Lewis for per- mission to extend his new rope walk thirty feet more over the platform now leased to him than the former walk covered for reasons mentioned in his application (which is in the file of mixed papers) was granted during the pleasure of the town or the Selectmen .-


The Chairman reported, that he had examined the accounts of the Clerk of the Market for the quarter ending 30th October inclusive, the receipts amounting to $2,544.40 which the treas-


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urer had been directed to receive; - the expenditures and the clerk's salary amounting to $339.56 had been put on the monthly draft.


The representation of Capt. Stone of the Columbian Artillery, stating that the land on which their gun house stands is not sufficiently large for their accommodation, - was referred to the committee of section No. 1 .-


Mr. Lovering reported that the military stores which the town was by law obliged to provide and keep in some suitable place, was now complete .- An account of which is in the bundle of mixed papers .-


[215.] Boston ss. At a Meeting of the Selectmen Tues- day November 9th 1819 .- Present Messrs. Phillips, Oliver, Lovering, Austin, Dorr & Shaw.


22 grand & 35 traverse jurors were drawn for the Supreme Judicial Court.


Boston ss. At a Meeting of the Selectmen Wednesday, November 10th 1819 - Present Messrs. Phillips, Hunewell, Lovering, Austin, Bass, Dorr & Shaw .-


The Chairman represented that the town watch in the dis- charge of their duty, frequently apprehended thieves, and persons guilty of riotous and other unlawful proceedings, and that they were often called upon by the inhabitants to take into custody persons guilty of the crimes above mentioned, which cases happening in the night, the commander of the watch (Mr. Caleb Hayward) found it extremely difficult to procure a mittimus to commit the offenders ;- he therefore proposed that the Hon Mr. Hunewell be requested to apply to His Excellency the Governor & the Hon Council to com- mission Mr. Caleb Hayward as a Justice of the Peace for the county of Suffolk .- The Board after due consideration were fully sensible of the utility of the measure, and with a firm belief that he would not abuse the authority with which he [216.] would be invested .- Voted, that the Hon. Mr. Hune- well be requested to apply to His Excellency the Governor & the Hon. Council to commission Mr. Caleb Hayward as a Justice of the Peace for the county of Suffolk. -


Mr. Shaw to whom was referred the application of Equality Weston for the loan of $200 - of the Franklin fund, reported that in his opinion the sureties offered were not sufficient .- Report accepted.


The Chairman informed that Mr. Silas Field had applied for a license to sell at auction, his office to be at No 80 Prince


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street ;- The Chairman observed as this was not one of the streets in which the auctioneers were prohibited keeping their offices & making sales by public vendue, he should (in con- formity to the discretion vested in him by the Board) have given him a license, but as Mr. Field informed him it was his intention, notwithstanding the prohibition of the Board to make sales by public vendue in Merchants Row, he thought his duty compelled him to withold the license until he had made this statement to the Board .- After due deliberation, the Board Voted, That the Chairman be instructed not to deliver a license to any person to sell at public auction, unless a written application is made therefor, containing an assurance from the applicant that he will not sell at public vendue in any of the streets, lanes or [21 7.] places where such sales are prohib- ited by this Board, unless he has permission therefor .-


ยท


* The demand of Israel Thorndike Esq. for a part of the expense of removing the foundation of his buildings in Summer street and throwing about seven hundred feet of land into the street was referred to Mr. Hunewell to examine if the agreement with Mr. Thorndike (for which see proceedings of the Board May 6th. 1818) was complied with on his part, and a deed of the land executed .-


The school committee being notified to meet at the Select- mens room at 4 o'clock - obstructed the further proceedings of the Board .-


* The Chairman gave notice to the Board; that he had been informed that Mr. John Minchin who was licensed at No. 5 Lendells Lane was now selling by public vendue at No, 18 Merchants Row, in defiance of the prohibition of the Board. The Chairman was instructed, in case Mr. Minchin persisted in making sales at public vendue in that store, to cause him to be prosecuted therefor; - on which subject he would con- sult Mr. Shaw.


[218.] Boston ss. At a special meeting of the Selectmen on Monday November 15th. 1819 .- Present Messrs. Phillips, Oliver, Lovering, Austin, Dorr & Shaw. -


This meeting was called in compliance with the request of several citizens, who stated, that it was their belief that the late fires at the rope walks were caused by some vile incen- diary or incendiaries, and requested that the Board would offer a reward for their detection, the amount of which reward should be paid from the sums subscribed by the offices and individuals of the town for this purpose .-


The Board being satisfied that the late alarming and destruc-


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tive fires at the rope walks were caused by design directed the Chairman to have the following advertisement inserted in the papers, viz .-


One Thousand Dollars Reward! -


The Selectmen of the Town of Boston, being satisfied that the late alarming and destructive fires at the ropewalks were caused by design, and being deeply impressed with the impor- tance of punishing so daring an outrage with prompt and exemplary severity, hereby earnestly request their fellow- citizens to use the utmost vigilance in detecting the perpetra- tors; and [219.] hereby offer the above reward to any person or persons who shall give such information as shall lead to the conviction of the offender or offenders in a court of justice .-


November 15. 1819.


By order of the Selectmen Turner Phillips, Chairman.


And that he cause three hundred hand bills to be printed and posted up in different parts of the town, and distributed among the inhabitants.


Boston ss. At a Meeting of the Selectmen November 17th. 1819 .- Present Messrs. Phillips, Hunewell, Lovering, Austin, Bass, Dorr & Shaw .-


Mr. Taylor having completed the survey of the estate of Mr. Nickerson, by which it appears Mr. Nickerson or others have encroached on the public highway, it was voted that the Chairman be instructed to notify Major Bar- zillai Hudson, guardian to said Nickerson to remove the incumbrances without delay. (Notified)


The committee on accounts were authorized to allow Mr. William Taylor two hundred dollars for about twenty one hun- dred square feet of land, being that part of Myrtle street from [220.] the street of Belknap's heirs to the rope walk, to South Russell street, and part of the expense of removing his build- ing; Mr. Taylor giving a warrantee deed of the land. - The same committee were also authorized to allow Col. Amos Binney one hundred & fifty dollars upon his giving [a] quit claim deed for land taken from an estate in Elm street about the year 1809, belonging to him or Mr. Edward Haynes for the purpose of widening Elm & Brattle streets, they also giving an acquittance for all demands for damages sustained in consequence of the lands being taken.


Mr. John White had permission to have a sale by public auction at the office formerly kept by him in (No. 4) Ann street on Saturday next and three days of the next week for the express purpose of disposing of the goods now in the store .-


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Mr. William Hartwell had also permission to sell at the office formerly kept by him in store No. 6 Ann street three days of the next week, (he naming the days) for the same purpose it was granted to Mr. John White.


Mr. Lovering was authorized to make such repairs on Front street as were necessary .-


Mr. Austin was authorized to make such repairs to the engine house on the bridge in Ann street as was necessary .-


[221.] Boston ss. At a meeting of the Selectmen Novem- ber 24th, 1819 .- Present Messrs. Phillips, Oliver, Hunewell, Lovering, Austin, Dorr & Shaw.


7 Jurors for U. S. District Court .--


The Chairman informed that conformably to directions of the Board he had notified Major B. Hudson of the encroach- ment by Mr. Nickerson on Snow Hill or Thacher street, that Major Hudson had attended & assured him he would procure the deeds of Mr. Nickersons estate, and attend to the business without unnecessary delay .-


The Chairman reported that Mr. Edward Haynes had con- sented to receive the sum of one hundred & fifty dollars in full for Col. Binney's demand for the land taken from his estate to widen Elm street & Brattle street, and for his (Mr. Haynes) demand for damages sustained by him for removing the cellar wall and altering the frame of the building on the said land .-


Mr. James A. Dickson having enclosed with a fence a small piece of land on Federal street (to remove a nuisance) and the Board having viewed the same, it was voted, that the fence be allowed to remain, Mr. Dickson acknowledging in writing that he claimed no right to the land and that he would remove [222.] the fence whenever required so to do - (the obliga- tion is in the trunk.)


Mr. Austin, was requested to have the town's slip at the bottom of Cross street repaired .-


Mr. Hunewell reported that Col. Thorndike had complied with the vote of the Board of the 6th May, 1818 - and had thrown the land mentioned in that vote into Summer street. The committee on accounts were therefore directed to place three hundred dollars on the next draft to the credit of Israel Thorndike Esq .--


The committee on accounts were directed to complete the


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monthly & quarterly draft on Monday next, to accommodate those persons who may want their money before Thanksgiving day.


The Board being dissatisfied with their messenger, it was voted, that Mr. Champney be notified that his services will not be required by this Board after the first day of January next. - And that suitable measures be taken to procure a person to supply his place.


[223.] Boston ss. At a Meeting of the Selectmen Decem- ber 1st, 1819 - Present Messrs. Phillips, Oliver, Hunewell, Lovering, Austin, Bass, Dorr & Shaw .-


The committee to whom was referred (on the 27th October last) the application of Mr. Josiah Knapp made a report which was re-committed for the purpose of ascertaining if a piece of land could be obtained of Messrs. Homes & Bass at a reasona- ble rate, and if not, to endeavour to obtain some other piece of land suitable to erect a watch & engine house on .-


Messrs. Lovering, Dorr & Bass were appointed a committee to fix on some suitable place to which the trucks & carts usually standing at the east end of Faneuil Hall might be removed, and report .-


The application of J. W. Geyer for permission to sell at public vendue in the market for one week was refused .-


The Treasurer of the Franklin Fund was authorized to sus- pend suits against such delinquents of the fund as he may think expedient until April next, he having represented that compulsive measures at this season would be attended with distressing consequences to their families .-


The application of Mr. Ebr. O. Torrey for permission to erect a bakers oven in Back street, was referred to Messrs. Lovering & Dorr .-


[224.] Boston ss. At a Meeting of the Selectmen Decem- ber 8th, 1819 .- Present Messrs. Phillips, Oliver, Lovering, Austin, Bass & Dorr.


The Committee appointed to take into consideration the necessity of removing the trucks, carts & sleds from the east end of Faneuil Hall, made the following report .-


That from the extreme crowd in Market Square and the streets adjacent thereto, occasioned by the teams of our country friends it is rendered indispensably necessary that more room should be made for their accomodation and that of the public;


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and they hereby recommend that all the trucks, carts & sleds which have been allowed to stand at the east end of Faneuil Hall, be removed into Broad, Commercial & Central streets, from and after the eighteenth day of this present month under the superintendence of the police officer - which report being read was accepted .-


Whereupon it was ordered, that from and after Saturday the 18th. instant, no trucks, carts, sleds or other carriages belong- ing to the inhabitants of the town of Boston, be allowed to stand in the street or on the town's land at the east end of Faneuil Hall - and that the Chairman be directed to cause the above order to be published conformable to law .-


[ 225.] The committee to whom was referred the applica- tion of Mr. Ebenezer O. Torrey to erect a bakers oven, reported, - That they had examined the place named by Mr. Torrey in Back Street, at the back of a cabinet maker's shop, and were of opinion it was not a suitable place for that purpose .- Report accepted .-


The application of Mr. Silas Field, that the restriction of the Board respecting sales by public vendue in certain streets near the market might be taken off as it respected him, or that his application for his license might be given up to him; - was not granted.


The application of a committee of the people of color that they may be permitted to visit the school provided for their children, was so far granted, that they are permitted to visit the school for the purpose of hearing the children read and view their writing, and also to notice what children absent themselves from the school, in order that they may call on their parents and endeavour to persuade them to compel their children to attend .- But they are not permitted to interfere with the government or regulations of the school; - and if they have any well grounded complaints against the instructors, they are to make them known to this Board .-


[226.] Boston ss. At a Meeting of the Selectmen Decem- ber 15th. 1819 - Present Messrs. Phillips, Oliver, Hunewell, Lovering, Austin, Bass, Dorr & Shaw .-


The Chairman communicated a letter he had received from Hansen Kelly magistrate of police of the town of Wilmington N. Carolina, soliciting pecuniary assistance for the sufferers by the fire in that town .-


On the application of Mr. Hugh Hogan, that a stable hired by him, belonging to heirs of John Gray, deceased, situated at the back of the Tontine buildings and the buildings erected by


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Israel Thorndike Esq. may be approbated as a livery stable; - some of the Board who were present informed they had a perfect knowledge of the building and its situation, and were of opinion it was not a suitable place for a livery stable; - It was therefore voted, that Mr. Hogan's request could not be granted .-


The application of Mr. John White to be licensed to sell at public vendue in Fish street was granted, on condition that Mr. White's application was made conformable to the vote of the Board of the 10th. Novr. last .-




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